HB 7073

1
A bill to be entitled
2An act relating to child support enforcement; amending s.
361.14, F.S.; requiring payments on child support judgments
4to be applied first to the current child support due, then
5to the delinquent principal, and then to any interest on
6the support judgment; amending s. 61.1824, F.S.; requiring
7the State Disbursement Unit to disburse payments to
8obligees electronically; amending s. 328.42, F.S.;
9requiring the Department of Highway Safety and Motor
10Vehicles to cooperate with the Department of Revenue in
11establishing an automated method for disclosing owners of
12registered vessels to the Department of Revenue;
13authorizing the Department of Highway Safety and Motor
14Vehicles to suspend the operating privilege of vessel
15owners who are not in compliance with orders relating to
16child support when directed by the Department of Revenue;
17amending s. 409.2558, F.S.; requiring the State
18Disbursement Unit to disburse payments to obligees
19electronically; amending s. 409.256, F.S.; requiring the
20correctional facility to assist an incarcerated putative
21father in complying with an administrative order to appear
22for genetic testing; clarifying that an administrative
23order for genetic testing has the same force and effect as
24a court order; amending s. 456.004, F.S.; requiring the
25Department of Health to cooperate with the Department of
26Revenue in establishing an automated method for disclosing
27health practitioner licensees to the Department of
28Revenue; authorizing the Department of Health to suspend
29or deny the license of a licensee who is not in compliance
30with orders relating to child support when directed by the
31Department of Revenue; amending s. 497.167, F.S.;
32authorizing the Department of Financial Services to
33suspend or deny the license of a licensee who is not in
34compliance with orders relating to child support when
35directed by the Department of Revenue; amending s. 559.79,
36F.S.; requiring the Department of Business and
37Professional Regulation to cooperate with the Department
38of Revenue in establishing a method for disclosing
39professional licensees to the Department of Revenue;
40authorizing the Department of Business and Professional
41Regulation to suspend or deny the license of a licensee
42who is not in compliance with orders relating to child
43support when directed by the Department of Revenue;
44amending s. 1012.21, F.S.; requiring the Department of
45Education to cooperate with the Department of Revenue in
46establishing a method for disclosing educators to the
47Department of Revenue; authorizing the Department of
48Education to suspend or deny the teaching certificate of a
49person who is not in compliance with orders relating to
50child support when directed by the Department of Revenue;
51amending s. 1012.795, F.S.; requiring the Education
52Practices Commission to suspend or deny the educator
53certificate of a person who is not in compliance with
54orders relating to child support upon notice by the
55Department of Revenue; repealing s. 409.25645, F.S.,
56relating to administrative orders for genetic testing;
57providing an effective date.
58
59Be It Enacted by the Legislature of the State of Florida:
60
61     Section 1.  Paragraph (d) of subsection (6) of section
6261.14, Florida Statutes, is amended to read:
63     61.14  Enforcement and modification of support,
64maintenance, or alimony agreements or orders.--
65     (6)
66     (d)  The court shall hear the obligor's motion to contest
67the impending judgment within 15 days after the date of the
68filing of the motion. Upon the court's denial of the obligor's
69motion, the amount of the delinquency and all other amounts that
70which thereafter become due, together with costs and a service
71charge of up to $7.50, become a final judgment by operation of
72law against the obligor. The depository shall charge interest at
73the rate established in s. 55.03 on all judgments for support.
74Payments on judgments shall be applied first to the current
75child support due, then to any delinquent principal, and then to
76interest on the support judgment.
77     Section 2.  Paragraph (d) of subsection (3) of section
7861.1824, Florida Statutes, is amended to read:
79     61.1824  State Disbursement Unit.--
80     (3)  The State Disbursement Unit shall perform the
81following functions:
82     (d)  To the extent feasible, use automated procedures for
83the collection and disbursement of support payments, including,
84but not limited to, having procedures for:
85     1.  Receipt of payments from obligors, employers, other
86states and jurisdictions, and other entities.
87     2.  Timely disbursement of payments to obligees, the
88department, and other state Title IV-D agencies.
89     3.  Accurate identification of payment source and amount.
90     4.  Furnishing any parent, upon request, timely information
91on the current status of support payments under an order
92requiring payments to be made by or to the parent, except that
93in cases described in paragraph (1)(b), prior to the date the
94State Disbursement Unit becomes fully operational, the State
95Disbursement Unit shall not be required to convert and maintain
96in automated form records of payments kept pursuant to s.
9761.181.
98     5.  Electronic disbursement of support payments to
99obligees. The State Disbursement Unit shall notify obligees of
100electronic disbursement options and encourage their use through
101promotional material. Any payments made to the State
102Disbursement Unit that are owed to the obligee shall be
103disbursed electronically. The obligee may designate a personal
104account for deposit of payments. If the obligee does not
105designate a personal account, the State Disbursement Unit shall
106deposit any payments into a stored value account that can be
107accessed by the obligee.
108     Section 3.  Subsection (1) of section 328.42, Florida
109Statutes, is amended to read:
110     328.42  Suspension or denial of a vessel registration due
111to support delinquency; dishonored checks.--
112     (1)  The department shall work cooperatively with the
113Department of Revenue to establish an automated method for
114periodically disclosing information relating to current owners
115of registered vessels to the Department of Revenue, the state's
116Title IV-D agency must allow applicants for new or renewal
117registrations to be screened by the Department of Revenue, as
118the Title IV-D child support agency under s. 409.2598 to assure
119compliance with an obligation for support as defined in s.
120409.2554, or by a non-IV-D obligee to assure compliance with a
121child support obligation. The purpose of this subsection section
122is to promote the public policy of this state relating to child
123support as established in s. 409.2551. The department shall
124must, when directed by the court or the Department of Revenue
125pursuant to s. 409.2598, deny or suspend the vessel registration
126and suspend the vessel operating privilege of an owner of any
127applicant found not to be in compliance with a support order, a
128subpoena, an order to show cause, or a written agreement with
129the Department of Revenue to have a delinquent support
130obligation. The department shall must issue or reinstate a
131registration and reinstate the operating privilege when notified
132by the Title IV-D agency or the court or the Department of
133Revenue that the owner applicant has complied with the terms of
134the support court order. The department is may not be held
135liable for any registration denial or suspension, or suspension
136of operating privileges, resulting from the discharge of its
137duties under this section.
138     Section 4.  Present subsections (2) through (8) of section
139409.2558, Florida Statutes, are renumbered as subsections (3)
140through (9), respectively, and a new subsection (2) is added to
141that section to read:
142     409.2558  Support distribution and disbursement.--
143     (2)  DISBURSEMENT OF PAYMENTS.--Any payments made to the
144State Disbursement Unit that are owed to the obligee in a Title
145IV-D case shall be disbursed electronically. The obligee may
146designate a personal account for deposit of payments. If the
147obligee does not designate a personal account, the State
148Disbursement Unit shall deposit any payments into a stored value
149account that can be accessed by the obligee.
150     Section 5.  Paragraphs (d) and (e) are added to subsection
151(4) of section 409.256, Florida Statutes, to read:
152     409.256  Administrative proceeding to establish paternity
153or paternity and child support; order to appear for genetic
154testing.--
155     (4)  NOTICE OF PROCEEDING TO ESTABLISH PATERNITY OR
156PATERNITY AND CHILD SUPPORT; ORDER TO APPEAR FOR GENETIC
157TESTING; MANNER OF SERVICE; CONTENTS.--The Department of Revenue
158shall commence a proceeding to determine paternity, or a
159proceeding to determine both paternity and child support, by
160serving the respondent with a notice as provided in this
161section. An order to appear for genetic testing may be served at
162the same time as a notice of the proceeding or may be served
163separately. A copy of the affidavit or written declaration upon
164which the proceeding is based shall be provided to the
165respondent when notice is served. A notice or order to appear
166for genetic testing shall be served by certified mail,
167restricted delivery, return receipt requested, or in accordance
168with the requirements for service of process in a civil action.
169Service by certified mail is completed when the certified mail
170is received or refused by the addressee or by an authorized
171agent as designated by the addressee in writing. If a person
172other than the addressee signs the return receipt, the
173department shall attempt to reach the addressee by telephone to
174confirm whether the notice was received, and the department
175shall document any telephonic communications. If someone other
176than the addressee signs the return receipt, the addressee does
177not respond to the notice, and the department is unable to
178confirm that the addressee has received the notice, service is
179not completed and the department shall attempt to have the
180addressee served personally. For purposes of this section, an
181employee or an authorized agent of the department may serve the
182notice or order to appear for genetic testing and execute an
183affidavit of service. The department may serve an order to
184appear for genetic testing on a custodian. The department shall
185provide a copy of the notice or order to appear by regular mail
186to the mother and custodian, if they are not respondents.
187     (d)  If the putative father is incarcerated, the
188correctional facility shall assist the putative father in
189complying with an administrative order to appear for genetic
190testing issued under this section.
191     (e)  An administrative order to appear for genetic testing
192has the same force and effect as a court order.
193     Section 6.  Subsection (9) of section 456.004, Florida
194Statutes, is amended to read:
195     456.004  Department; powers and duties.--The department,
196for the professions under its jurisdiction, shall:
197     (9)  Work cooperatively with the Department of Revenue to
198establish an automated method for periodically disclosing
199information relating to current licensees to the Department of
200Revenue, the state's Title IV-D agency Allow applicants for new
201or renewal licenses and current licensees to be screened by the
202Title IV-D child support agency pursuant to s. 409.2598 to
203assure compliance with a support obligation, as defined in s.
204409.2554. The purpose of this subsection is to promote the
205public policy of this state relating to child support as
206established in s. 409.2551. The department shall, when directed
207by the court or the Department of Revenue pursuant to s.
208409.2598, suspend or deny the license of any licensee found not
209to be in compliance with a support order, a subpoena, an order
210to show cause, or a written agreement with the Department of
211Revenue to have a delinquent support obligation. The department
212shall issue or reinstate the license without additional charge
213to the licensee when notified by the court or the Department of
214Revenue that the licensee has complied with the terms of the
215support court order. The department is shall not be held liable
216for any license denial or suspension resulting from the
217discharge of its duties under this subsection.
218     Section 7.  Subsection (6) of section 497.167, Florida
219Statutes, is amended to read:
220     497.167  Administrative matters.--
221     (6)  The department shall allow applicants for new or
222renewal licenses and current licensees to be screened by the
223Title IV-D child support agency pursuant to s. 409.2598 to
224ensure compliance with a support obligation. The purpose of this
225subsection is to promote the public policy of this state
226relating to child support as established in s. 409.2551. The
227department shall, when directed by the court or the Department
228of Revenue pursuant to s. 409.2598, suspend or deny the license
229of any licensee found not to be in compliance with a support
230order, a subpoena, an order to show cause, or a written
231agreement with the Department of Revenue to have a delinquent
232support obligation, as defined in s. 409.2554. The department
233shall issue or reinstate the license without additional charge
234to the licensee when notified by the court or the Department of
235Revenue that the licensee has complied with the terms of the
236support court order. The department is shall not be held liable
237for any license denial or suspension resulting from the
238discharge of its duties under this subsection.
239     Section 8.  Subsection (3) of section 559.79, Florida
240Statutes, is amended to read:
241     559.79  Applications for license or renewal.--
242     (3)  The department shall work cooperatively with the
243Department of Revenue to establish an automated method for
244periodically disclosing information relating to current
245licensees to the Department of Revenue, the state's Title IV-D
246agency allow the Title IV-D child support agency to screen all
247applicants for new or renewal licenses and current licensees
248pursuant to s. 409.2598 to assure compliance with a support
249obligation, as defined in s. 409.2554. The purpose of this
250subsection is to promote the public policy of this state
251relating to child support as established in s. 409.2551. The
252department shall, when directed by the court or the Department
253of Revenue pursuant to s. 409.2598, suspend or deny the license
254of any licensee found not to be in compliance with a support
255order, a subpoena, an order to show cause, or a written
256agreement with the Department of Revenue to have a delinquent
257support obligation. The department shall issue or reinstate the
258license without additional charge to the licensee when notified
259by the court or the Department of Revenue that the licensee has
260complied with the terms of the support court order. The
261department is shall not be liable for any license denial or
262suspension resulting from the discharge of its duties under this
263subsection.
264     Section 9.  Subsection (3) of section 1012.21, Florida
265Statutes, is amended to read:
266     1012.21  Department of Education duties; K-12 personnel.--
267     (3)  SUSPENSION OR DENIAL OF TEACHING CERTIFICATE DUE TO
268CHILD SUPPORT DELINQUENCY.--The Department of Education shall
269work cooperatively with the Department of Revenue to establish
270an automated method for periodically disclosing information
271relating to individuals who hold a certificate pursuant to s.
2721012.56 or s. 1012.57 to the Department of Revenue, the state's
273Title IV-D agency allow applicants for new or renewal
274certificates and renewal certificateholders to be screened by
275the Title IV-D child support agency pursuant to s. 409.2598 to
276assure compliance with an obligation for support, as defined in
277s. 409.2554. The purpose of this section is to promote the
278public policy of this state relating to child support as
279established in s. 409.2551. The department shall, when directed
280by the court or the Department of Revenue pursuant to s.
281409.2598, deny or suspend the application of any applicant found
282not to be in compliance with a support order, a subpoena, an
283order to show cause, or a written agreement with the Department
284of Revenue to have a delinquent support obligation. The
285department shall issue or reinstate the certificate without
286additional charge to the certificateholder when notified by the
287court or the Department of Revenue that the certificateholder
288has complied with the terms of the support court order. The
289department is shall not be held liable for any certificate
290denial or suspension resulting from the discharge of its duties
291under this section.
292     Section 10.  Subsection (1) and paragraph (a) of subsection
293(4) of section 1012.795, Florida Statutes, are amended to read:
294     1012.795  Education Practices Commission; authority to
295discipline.--
296     (1)  The Education Practices Commission may suspend the
297educator certificate of any person as defined in s. 1012.01(2)
298or (3) for up to a period of time not to exceed 5 years, thereby
299denying that person the right to teach or otherwise be employed
300by a district school board or public school in any capacity
301requiring direct contact with students for that period of time,
302after which the holder may return to teaching as provided in
303subsection (4); may revoke the educator certificate of any
304person, thereby denying that person the right to teach or
305otherwise be employed by a district school board or public
306school in any capacity requiring direct contact with students
307for up to a period of time not to exceed 10 years, with
308reinstatement subject to the provisions of subsection (4); may
309revoke permanently the educator certificate of any person
310thereby denying that person the right to teach or otherwise be
311employed by a district school board or public school in any
312capacity requiring direct contact with students; may suspend the
313educator certificate, upon an order of the court or notice by
314the Department of Revenue relating to the payment of child
315support, of any person found to have a delinquent child support
316obligation; or may impose any other penalty provided by law,
317provided it can be shown that the person:
318     (a)  Obtained or attempted to obtain an educator
319certificate by fraudulent means.
320     (b)  Has proved to be incompetent to teach or to perform
321duties as an employee of the public school system or to teach in
322or to operate a private school.
323     (c)  Has been guilty of gross immorality or an act
324involving moral turpitude.
325     (d)  Has had an educator certificate sanctioned by
326revocation, suspension, or surrender in another state.
327     (e)  Has been convicted of a misdemeanor, felony, or any
328other criminal charge, other than a minor traffic violation.
329     (f)  Upon investigation, has been found guilty of personal
330conduct that which seriously reduces that person's effectiveness
331as an employee of the district school board.
332     (g)  Has breached a contract, as provided in s. 1012.33(2).
333     (h)  Has been the subject of a court order or notice by the
334Department of Revenue pursuant to s. 409.2598 directing the
335Education Practices Commission to suspend the certificate as a
336result of noncompliance with a child support order, a subpoena,
337an order to show cause, or a written agreement with the
338Department of Revenue a delinquent child support obligation.
339     (i)  Has violated the Principles of Professional Conduct
340for the Education Profession prescribed by State Board of
341Education rules.
342     (j)  Has otherwise violated the provisions of law, the
343penalty for which is the revocation of the educator certificate.
344     (k)  Has violated any order of the Education Practices
345Commission.
346     (l)  Has been the subject of a court order or plea
347agreement in any jurisdiction which requires the
348certificateholder to surrender or otherwise relinquish his or
349her educator's certificate. A surrender or relinquishment shall
350be for permanent revocation of the certificate. A person may not
351surrender or otherwise relinquish his or her certificate prior
352to a finding of probable cause by the commissioner as provided
353in s. 1012.796.
354     (4)(a)  An educator certificate that which has been
355suspended under this section is automatically reinstated at the
356end of the suspension period, provided the certificate did not
357expire during the period of suspension. If the certificate
358expired during the period of suspension, the holder of the
359former certificate may secure a new certificate by making
360application therefor and by meeting the certification
361requirements of the state board current at the time of the
362application for the new certificate. An educator certificate
363suspended pursuant to paragraph (1)(h) a court order for a
364delinquent child support obligation may only be reinstated only
365upon notice from the court or the Department of Revenue that the
366party has complied with the terms of the support court order,
367subpoena, order to show cause, or written agreement.
368     Section 11.  Section 409.25645, Florida Statutes, is
369repealed.
370     Section 12.  This act shall take effect upon becoming a
371law.


CODING: Words stricken are deletions; words underlined are additions.